State v. Marchand

This is an appeal from an order of the Superior Court (Nicolosi, J.) denying the State’s request to compel the defendant, Gary E. Marchand, to undergo a psychological evaluation by the State’s expert. This case presents us with two questions: (1) does the right against self-incrimination prevent the State from compelling a defendant to undergo a psychological or psychiatric examination when he raises an insanity defense; and (2) if such examinations may be compelled, what procedures should trial courts use when ordering them? We answer the first question in the negative, and provide a…